Madras High CourtWP/29742/2024disposed of

R.Ashok Kumar v. The Additional Chief Secretary To Government

2024-10-14Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Ashok Kumar ... Petitioner -Vs1. The Additional Chief Secretary To Government, Ministry Of Environment, Climate And Forests Department, Secretariat, Chennai-9.

2. The District Collector, Tiruvallur District, Tiruvallur-602 001.

3. The Tamilnadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai-600 032.

4. The Block Development Officer, Villivakkam Panchayat Union, Ambattur, Chennai-600 053.

5. The Panchayat Secretary, Vanagaram Panchayat, Vanagaram, Chennai-95.

6. M/S.Balaji Coffee Works, Represented By Its Proprietor Balaji ... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the second and fourth respondents to ban the operation of 6th respondent in the said premise in pursuant to the representation dated 19.08.2024 given by the petitioner. For Petitioner : Mr.E.Senthil Kumar For R1 and R2 : Mr.C.Kathiravan Special Government Pleader For R3 : Mr.M.Venkateswaran Special Government Pleader

ORDER

This writ petition has been filed for direction directing the second and fourth respondents to ban the operation of 6th respondent in the said premise in pursuant to the representation dated 19.08.2024 given by the petitioner.

2. Heard both sides and perused the materials available on record.

3. The petitioner lodged a complaint the after receipt of the same, the fourth respondent issued notice dated 13.05.2023 to the 6th respondent. Thereafter, no enquiry has been conducted on the complaint lodged by the petitioner.

4. In view of the above, without expressing any opinion on the merits of the writ petition, the fourth respondent is directed to issue fresh notice to the petitioner and the 6th respondent and conduct enquiry and after giving an opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

14.10.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J,

mn To

1. The Additional Chief Secretary To Government, Ministry Of Environment, Climate And Forests Department, Secretariat, Chennai-9.

2. The District Collector, Tiruvallur District, Tiruvallur-602 001.

3. The Tamilnadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai-600 032.

4. The Block Development Officer, Villivakkam Panchayat Union, Ambattur, Chennai-600 053.

5. The Panchayat Secretary, Vanagaram Panchayat, Vanagaram, Chennai-95.

14.10.2024